QUESTION
If my father signed away his parental rights, does that exclude me from his insurance policy?
Asked on Dec 30th, 2012 on Estate Planning - Maryland
More details to this question:
If my father signed away his parental rights does that exclude me from from his insurance policy? The beneficiary is his deceased father.
11 ANSWERS
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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How do you know the beneficiary is his deceased father? Your father may have changed the beneficiary designation, or he may have named a successor beneficiary. Is your father still alive? If not, has a probate estate been opened? Did he have a Will? If an insurance policy does not have a designated beneficiary or successor beneficiary who is alive, the insurance proceeds will be sent to the executor or administrator of the estate. So, too many questions that need answering to be able to answer the question you posed here.
Answered on Jan 02nd, 2013 at 12:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Beneficiaries are the named persons on insurance policies to the exclusion of all other persons, and are the persons the insurance company will pay, unless there are more than one claimant, in which case the insurance company will interplead the moneys into the court and tell the claimants to take their argument to court to determine who is entitled to the proceeds of the policy.
Answered on Jan 02nd, 2013 at 12:10 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Perhaps. It is normally not automatic, however. It depends on what was done in court. Normally, you would not have any rights under your grandfather's insurance. Insurance operates based on beneficiary designations. If your father was the designated beneficiary and he predeceased your grandfather, (and provided there is no surviving secondary beneficiaries), then the insurance would pass through your grandfather's estate. You will want to have this reviewed by an attorney, if this is your situation.
Answered on Jan 02nd, 2013 at 12:09 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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It shouldn't if he hasn't changed the beneficiary. Life insurance is primarily a contractual matter so the owner of the policy can change the beneficiary any time. As I said, if your father didn't do this you may still receive the death proceeds on his policy. I suppose someone could complain saying that he no longer had an insurable interest since he gave up his parental rights but I don't think that argument would be accepted.
Answered on Jan 02nd, 2013 at 12:09 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The answer would depend on additional facts and circumstances. In Michigan, you could be an heir of your father. For example, if parental rights were terminated so you could be adopted then you do not take as an heir because the adoption extinguishes your inheritance rights. The statute MCL 700.2114(3) provides that, for purposes of intestate succession, the permanent termination of parental rights of a minor child ends kinship between the parent whose rights are so terminated and the child for purposes of intestate succession by that parent from or through that child. This provision appears to indicate that only the right of the parent to inherit from or through the child (i.e., upward) is cut off by a termination of parental rights. The language of this statute is clear (i.e., by that parent from or through that child) If you have any questions, please contact me.
Answered on Jan 02nd, 2013 at 12:08 PM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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One has nothing to do with the other. The beneficiary is as listed on the policy regardless of other factors for life insurance.
Answered on Jan 02nd, 2013 at 12:08 PM
The insurance will go to the designated beneficiaries.
Answered on Jan 02nd, 2013 at 12:07 PM
Beneficiary designations do not necessarily relate to parentage. He could name anyone as the beneficiary, including you.
Answered on Jan 02nd, 2013 at 12:07 PM
Once the parental rights are gone then so are the right of inheritance unless the person is specifically named.
Answered on Jan 02nd, 2013 at 12:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. Does he have any other living heirs? If the beneficiary is dead, then it will have to be paid into his estate and his will, if he has one, or intestate rules will apply. You might want to check with a local attorney regarding your rights, but I believe any right to his property is no longer yours. Now you may need to explore whether he really did abandon his parental rights.
Answered on Jan 02nd, 2013 at 12:05 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If there is no contingent beneficiary, then the insurance proceeds likely will be paid to your father's estate. The estate will pass according to your father's will, if he had one. If there is no will, then the estate will pass to your father's heirs. You might no longer be one of your father's heirs, depending upon exactly what your father did regarding his parental rights.
Answered on Jan 02nd, 2013 at 12:04 PM